On August 7, 2024, officers conducted a search warrant on a residence in the City of Apple Valley, County of Dakota, State of Minnesota. Officers had previously learned that suspected Child Sexual Abuse Material (CSAM) was located on online accounts registered to a resident, Benjamin David Tenore, [DOB REDACTED], defendant herein. Officers learned defendant lived in a separate living area in the basement of the residence. Defendant came to the exterior door and set his phone down. His phone was seized.
Officers asked if defendant would like to talk to them and told him they were searching for CSAM. Defendant stated he needed to “get some air” and stood up. Despite repeated commands, defendant attempted to enter the area of the residence being searched and took his already seized phone. Defendant attempted to manipulate the phone. Officers seized defendant’s electronic devices. In a Mirandized statement, defendant stated he only had access to his devices and does not know how a CSAM item would be uploaded to his account.
Defendant declined to give officers the passcode to his phone. Defendant’s phone was forensically examined. Suspected CSAM was located and sent to the National Center for Missing and Exploited Children (NCMEC) for identification. NCMEC identified 901 image files, 156 video files, and 11 other files containing CSAM, including: A screen capture of a video where a female is inserting a green object into the anus of a small child. The screen capture recording occurred on January 10, 2024. A screen capture of a video of a man inserting his penis into a small child’s anus.
During the recording, defendant’s girlfriend sent him a text message which displayed in a notification. As a result, officers determined the recording occurred on July 12, 2024. Officers examined the phones of the other residents. No CSAM was found.